The 1964 Foreign Judgment Act allowed the states to enforce a judgment from another state without the expense of litigation. There are notable exceptions, which is why legal action should be always commence in the state where the defendant is domiciled. A foreign judgment must be filed with the Clerk of the Court in the county in which the attempt is being made to enforce the judgment. This should include any enforcement proceedings such as the Writ of Execution upon assets, etc.
There are various reasons for the court to deny recognizing the foreign judgment. One reason for denial is an appeal, which is pending in the original court. A "stay" may be granted if a debtor can allege grounds exist in the courts jurisdiction where the foreign judgment is being filed, thus creating a "stay" preventing the foreign judgment from being recorded. Such grounds include, lack of sufficient notice in obtaining the original judgment, the judgment was obtained by fraud, the cause of action conflicts with state policies in the state where the foreign judgment is to be filed, the judgment conflicts with another final judgment, or lack of jurisdiction over the debtor in the original judgment.
A "stay" by the debtor must be filed within 30 days of receipt of the notice of the filing of the foreign judgment or sixty days if the debtor is not a resident of the state. Ten days after a foreign judgment is filed and notice has been given to the judgment debtor, the creditor may begin enforcement of the judgment by means allowed by law within the state in which the foreign judgment has been registered.
The debtor may request a "stay" or be granted denial of having the foreign judgment recorded. The debtor must be shown to have "sufficient contact" with the state to establish the jurisdiction of the court to enforce the judgment. Most states vary considerably on what determines "sufficient notice" when obtaining the original judgment. If there were a flaw or it was inconsistent with the court where the foreign judgment is to be recorded, then the courts will not allow the foreign judgment to be enforced.
The Puerto Rico Petition for Registration of Foreign Judgment is a legal procedure that allows individuals or businesses with a foreign judgment to enforce or recognize their judgments within the jurisdiction of Puerto Rico. This process involves "registering" the foreign judgment in order to give it the same weight and validity as a local judgment. To initiate the Puerto Rico Petition for Registration of Foreign Judgment, the petitioner must file a petition in a Puerto Rico court and provide all necessary supporting documents. The court will review the petition and accompanying evidence to determine if the foreign judgment meets all the requirements for registration. Keywords: Puerto Rico, Petition for Registration, Foreign Judgment, Legal Procedure, Enforcement, Recognition, Jurisdiction, Validity, Filing, Supporting Documents, Court Review. Different types of Puerto Rico Petition for Registration of Foreign Judgment may include: 1. Judgment for Money: This type of foreign judgment involves a monetary award that needs to be collected from a party residing or owning assets in Puerto Rico. The petitioner seeks to have the judgment recognized and enforced to recover the owed funds. 2. Judgment for Property: If a foreign judgment involves the transfer or possession of property located in Puerto Rico, the petitioner can file a Petition for Registration to assert their rights over the property within the jurisdiction. This may include cases related to real estate, intellectual property, or other assets. 3. Default Judgment: In cases where a party fails to participate in the foreign legal proceedings, resulting in a default judgment, the petitioner can seek registration in Puerto Rico. This allows them to enforce the judgment locally against the non-participating party or secure their rights. 4. Recognition of a Foreign Divorce Decree: If an individual obtained a divorce decree in a foreign jurisdiction and wishes to have it recognized in Puerto Rico, they can file a Petition for Registration of Foreign Judgment specifically for divorce cases. This process helps ensure the divorce decree's legal validity and enforceability in matters like child custody, spousal support, or property division. 5. Foreign Arbitration Award: If a party obtained an arbitration award from a foreign arbitration tribunal, they can file a Puerto Rico Petition for Registration of Foreign Judgment to enforce the award within Puerto Rico's jurisdiction. This allows for the enforcement of monetary awards or other remedies granted by the international arbitration process. Overall, the Puerto Rico Petition for Registration of Foreign Judgment is a significant legal tool that enables individuals or entities with foreign judgments to seek enforcement or recognition within Puerto Rico's jurisdiction. The specific type of petition filed will depend on the nature and requirements of the foreign judgment in question.
